Chino Municipal Code Ch. 5.04 Licenses Generally

This chapter shall be known as the "Business License Ordinance of the city of Chino."

(Prior code § 14-2.)

(Ord. 2017-008, § 2, 2017.)

The purpose of this chapter is to license for revenue and regulation, either or both. Where it is lawful to license for purposes of both revenue and regulation, then the license under this chapter is for these purposes. Where it is lawful to license only for regulation, then the license under this chapter is for such purpose. Where it is lawful to license only for revenue, the license under this chapter is for such purpose.

(Prior code 14-3.)

(Ord. 2017-008, § 2, 2017.)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Administration" means any support activity for businesses not operating in Chino or not otherwise taxable under this section. Included in this category would be the administrative headquarters or office of a sales corporation; a repair facility for an interstate trucking activity; administrative headquarters or division of any organization not otherwise licensable in this section; the service and administrative activities in the city by a public utility; or any other similar activity.

"Annual license period" means the period that commences on the first day of any calendar quarter, and ends yearly on the last day of the preceding quarter of issuance in the following year.

"Business" means all commercial, industrial, and entrepreneurial activities engaged in or caused to be engaged in within the city, including any trade, profession, occupation, vocation, calling or livelihood, and the activities of independent contractors, but excluding the services rendered by an employee to his or her employer, that are carried on for profit, whether or not any profit is actually derived from the activity.

"Gross receipts" includes the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of material, goods, wares or merchandise, provided however that gross receipts shall apply only to transactions or business conducted within the city. Included in "gross receipts" is all receipts, cash, credits and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable or losses or other expenses whatsoever. Excluded from "gross receipts" shall be:

1. Cash discounts allowed and taken on sales;

2. Credit allowed on property accepted as part of the purchase price, which property may later be sold;

3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;

5. Amounts collected for others where the business is acting as agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them.

"License" means the certificate issued by the director of finance after payment of the business tax fee as hereinafter set forth in this chapter. The term "business tax certificate" is synonymous and interchangeable with the term "license".

"License fee" includes "license tax" wherever a license under this chapter is for the purpose of revenue and not for regulation.

"Manufacturing" means every person engaged in the business of manufacturing, processing, or fabricating goods, wares or merchandise, unless otherwise expressly provided in the chapter.

"Person" means all domestic and foreign corporations, firms, associations, syndicates, joint stock companies, partnerships of every kind, clubs, trusts, societies and individuals transacting and carrying on any business in the city.

"Practicing professional" means one who is joined with another or others in a common pursuit of a profession (i.e. another professional in the same firm, not necessarily a partner or owner, who is pursuing a like profession), but who is not a partner.

"Professional" means every person engaged in professional, semi-professional and connected business, as enumerated in the fee resolution or any combination thereof.

"Retailers" means every person engaged in the business of selling to the public at retail, goods, wares, merchandise or commodities, including restaurants and other food dispensers, unless otherwise expressly provided in this chapter, and all persons engaged in any business or occupation not otherwise provided for in this chapter.

"Solicitor" includes any individual, whether a resident or nonresident of the city, who travels or goes from place to place or from house to house, or who attends at any party or gathering in a private residence or other place within the city and solicits money or takes orders for any goods, wares, merchandise, or other thing of value for future delivery. As used in this definition, "orders" includes subscriptions for newspapers, magazines, or other periodicals or any business service and subscriptions for membership in any society, club, association, or other organization where a commission or other compensation is paid for obtaining such subscription.

"Unpaid license fee" means not only all license fees owing for licenses therefrom issued, but also any sums or amount which the city would have received had a license been issued as required by this chapter.

"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks.

"Wholesalers" means every person engaged in the business of selling goods, wares or merchandise within the city for resale by retailers or others.

(Ord. 2004-05 § 2, 2004; Ord. 2001-05 § 1 (part), 2001: Ord. 87-10 § 1, 1987; Ord. 78-30 § 1, 1978: prior code § 14-1 (part).)

(Ord. 2017-008, § 2, 2017; Ord. 2020-002, § 2, 2020.)

A. No person shall, as owner, principal, agent, clerk, employer, corporate officer, contractor, or otherwise, for himself or for any other person, commence or carry on any business in the city, without having first:

1. Applied for and received a license certificate specifying such business;

2. Paid the required license tax;

3. Obtained any permit required by this chapter or any other ordinance of the city;

4. Paid any permit or issuance fee required; or

5. Paid any investigation or inspection fee required, subject, however, to the exemptions provided for in this chapter.

B. A person shall show current and valid identification, and any required license certificate or permit when requested by a police officer or code enforcement officer.

C. In the event an itinerant vendor, peddler or solicitor who sells a product or service while moving on city streets is cited for a violation of Sections 5.04.040(A) or 5.04.040(B) above, any product being sold or used for a service and any device or vehicle used to sell a product or service may be confiscated and used as evidence, subject to the following procedures:

1. Any perishable product shall be disposed of by any reasonable means after being quantified and accounted for.

2. Any non-perishable product, device and vehicle shall be stored by the city until the prosecution is complete, either by entry of a plea of guilty or nolo contendere, or by dismissal of the charge(s).

(Ord. 2004-05 § 3, 2004: Ord. 87-10 § 2, 1987: Ord. 84-20 § 3, 1984: prior code § 14-4.)

(Ord. 2014-012, § 4, 2014; Ord. 2017-008, § 2, 2017.)

A. No person who engages in any business or profession which requires a license or certificate from any agency of the state shall be issued a license or have a licensed renewed under the provisions of this chapter if he does not hold a valid state license to engage in his particular business or profession.

B. Any lapse, failure to renew, suspension or revocation of a required state license or certificate shall be grounds for suspension or revocation of a business license issued by the city under this chapter.

(Ord. 84-20 § 1, 1984: prior code § 14-7.)

(Ord. 2017-008, § 2, 2017.)

A separate license must be obtained for each branch establishment or location of the business engaged in and for each separate type of business at the same location, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.

(Ord. 87-10 § 3, 1987.)

(Ord. 2017-008, § 2, 2017.)

Every person who operates an independent concession for a business purpose, whether upon a cost rental or commission basis, within another place of business must obtain a separate license therefor pursuant to the provisions of this chapter.

(Ord. 87-10 § 4, 1987.)

(Ord. 2017-008, § 2, 2017.)

Where it is established to the satisfaction of the city manager that unnecessary hardship or a condition inconsistent with the general purpose of this chapter would occur from its strict interpretation and enforcement, the city manager shall have the authority to grant an exemption from any particular requirement hereof as may be deemed to be in harmony with the general purpose and intent of this chapter upon such terms and conditions as may be prescribed by the city manager.

(Ord. 87-10 § 5, 1987: prior code § 14-37.)

(Ord. 2017-008, § 2, 2017.)

Nothing in this chapter shall be deemed or construed to require the payment of such license fees as are prescribed in this chapter by any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such license fee.

(Prior code § 14.14.)

(Ord. 2017-008, § 2, 2017.)

Every person claiming an exemption pursuant to Section 5.04.080 shall file a verified statement with the director of finance stating the facts upon which such exemption is claimed. If such exemption is based upon the grounds that the payment of a license fee casts an undue burden upon his right to engage in interstate commerce or conflicts with the Constitution or applicable statutes of the United States or of the state, such verified statement shall state the name and address of the applicant, the name and address of the person for which the orders are to be solicited or secured, the name and address of the nearest local or state manager, if any, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking of orders, the location of any warehouse, factory or plant within the state, the method of delivery and any other facts required to establish such claim or exemption. A copy of the order blank, contract form, or other documents to be used by such person in taking orders shall be attached to such verified statement for the information of the director of finance. The director of finance shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption without payment to the city of the license fee required by this chapter. The director of finance, after giving notice and reasonable opportunity for hearing to a licensee may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemptions as provided herein.

(Ord. 87-10 § 6, 1987: prior code § 14-5.)

(Ord. 2017-008, § 2, 2017.)

The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activity, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, or firm or corporation; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious, or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly by any individual, firm, or corporation; provided that nothing in this section shall be deemed to exempt any such organization or association from complying with the provisions of any ordinance of the city requiring a permit from the city to conduct, manage or carry on any profession, trade, calling or occupation.

(Ord. 87-10 § 7, 1987: Ord. 84-20 § 6 (part), 1984; prior code § 14-17.)

(Ord. 2017-008, § 2, 2017.)

The payment of a license fee shall not be required of any minor selling, soliciting subscriptions for or delivering any newspapers, magazines, or other periodicals.

(Prior code § 14-16.)

(Ord. 2017-008, § 2, 2017.)

In addition to the exemptions provided in Sections 5.04.080 through 5.04.110, the following further classes of persons and businesses shall not be required to pay a license fee, under the provisions of this chapter:

A. Farmers, dairymen, poultry raisers and horticulturists who shall sell or deliver by vehicle or otherwise exclusively products produced, raised or grown by them, including dairymen delivering to a creamery or retail establishment;

B. Any hotel, motel, apartment house, motor court, mobile home park, parking lot, or other rental property or facility having less than four units or rentals under the same ownership in the city and any rooming house or boardinghouse having accommodations for less than four roomers or boarders under the same ownership in the city shall not be required to pay a business license fee. Any persons owning four or more units or rentals as defined above within the city shall be required to pay a business license tax;

C. Every person who shall transact and carry on any business within the city solely by virtue of any contractual relationship with the city, provided, that this exemption shall not apply to business done with other persons;

D. Every person who has received an honorable discharge or release from active service in one of the United States Armed Services, who is physically unable to obtain a livelihood by manual labor and who is a voter of this state. Any such disabled veteran may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by him except spirituous, malt, vinous or intoxicating liquor without having a business license. This exemption shall not apply to any other items or activities (See Business and Professions Code, Section 16001.);

E. Every salesman or commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale rather than retail (See Business and Professions Code, Section 16002.);

F. Any motor vehicle carrier who is subject to the jurisdiction of the Public Utilities Commission, when the delivery of merchandise by the motor vehicle carrier in the city is occasional and incidental to business conducted elsewhere (See Public Utilities Code Section 4302.).

(Prior code § 14-18.)

(Ord. 2017-008, § 2, 2017.)

A. Every person or entity required to have a license under the provisions of this chapter shall make application for the same to the director of finance of the city upon forms prescribed by the city. The director of finance may issue to such person a license which shall contain:

1. The name of the applicant;

2. The name of the business licensed;

3. The place where such business is to be transacted and carried on;

4. The date of the expiration of such license;

5. Such other information as may be necessary for the enforcement of the provisions of this chapter.

B. Nothing in this chapter shall require the director of finance to issue a business license to any applicant. If any applicant has had a business license revoked or suspended pursuant to this code, the director of finance may deny a business license to any business operated under the same name, same entity or by the same officers, managers or individuals responsible for or owning the business for which a license has been revoked or suspended regardless of any name change, change in management or conveyance of the business to another person or entity.

(Ord. 87-10 § 8, 1987: Ord. 84-20 § 6 (part), 1984; prior code § 14-21.)

(Ord. 2017-008, § 2, 2017.)

Upon a person making application for the first license to be issued hereunder or for a newly established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth this following information:

A. The exact nature or kind of business for which a license is required;

B. The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same;

C. In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning said business;

D. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;

E. In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant;

F. Any further information that the collector may require enabling him to issue the type of license applied for. If the amount of the license tax to be paid by the applicant is measured by gross receipts, the applicant shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided such person shall, within thirty days after expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, which will be used in calculation of the renewal license fee.

(Ord. 2001-05 § 1 (part), 2001.)

(Ord. 2017-008, § 2, 2017.)

A processing fee in an amount set forth in the city's current Comprehensive Fee Schedule codified in Appendix I of this code may be established in an amount determined by the city council for each application for business license and for each business license renewal, and shall then accompany such documents at the same time such documents are filed with the director of finance. Fees for business licensing and permits are established by resolution.

(Ord. 2001-05 § 1 (part), 2001: Ord. 87-10 § 9, 1987: Ord. 84-20 § 6 (part), 1984; prior code § 14-22.)

(Ord. 2017-008, § 2, 2017.)

A. It shall be the duty of the director of finance to enforce each and all of the provisions of this chapter and the police chief and building official, together with every other department of the city and agency acting on behalf of the city, shall render such assistance in the enforcement of this chapter as is required to ensure that all persons licensed by the city are complying with the provisions of this chapter.

B. The director of finance, in the exercise of the duties imposed upon him or her under this chapter and acting through his deputies or duly authorized assistants, may examine or cause to be examined all places of business in the city to ascertain compliance with the provisions of this chapter.

C. Business premises located within the city shall be subject to field inspection by city representatives upon application for a new business license or for a change of location to determine if the proposed location, business and situation are both legal and appropriate. A fee in the amount set forth in the city's current Comprehensive Fee Schedule codified in Appendix I of this code shall be levied for such field inspections.

D. The director of finance, each and all of his assistants, any police officer, and any other city employee deemed necessary by the director of finance or the city council shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein and demand an exhibition of its license certificate. Any person possessing such a license certificate, who willfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of the director of finance and each of his assistants to cause a complaint to be filed against any and all persons found to be violating this chapter.

E. The director of finance may, with the prior consent of the city attorney, deputize a qualified accountant to examine the necessary books and records of any licensee. Any licensee refusing to exhibit the necessary books and records, as required by the director of finance or his deputy, is guilty of a misdemeanor.

F. Each department of the city, which issued permits for work to be done, shall require the production of a valid unexpired business tax certificate prior to the issuance of such a permit.

G. Final building inspection approvals shall be issued only when it is ascertained by the building official that all business license liability of the prime contractor and all subcontractors employed by the prime contractor has been fully satisfied.

H. The city may deny, suspend, revoke, or fail to renew any business license upon the finding of any violation of this code, any other code adopted by this code, or any state law that occurred on the premises of or in connection with the business establishment, or upon a finding that information that was provided in the process of obtaining a business license was materially false. If a business license is suspended or revoked, no business may be conducted at, by or through the business establishment until the city issues a new business license or the suspension is lifted.

I. A determination by the city to deny, suspend, revoke, or fail to renew a business license may be appealed pursuant to Section 5.04.300 of this code.

(Ord. 2001-05 § 1 (part), 2001; Ord. 87-15 § 6 (part), 1987: Ord. 87-10 § 10, 1987: Ord. 87-9 § 6 (part), 1987: Ord. 84-20 § 6 (part), 1984; prior code § 14-33.)

(Ord. 2017-008, § 2, 2017.)

A. At the time of renewal of any business license based on gross receipts, verification of the business' total gross receipts shall be presented to the city in the following manner:

1. Those businesses that have business income totally comprised of retail sales shall present a copy of the Board of Equalization Department of Business Taxes, state, local and district sales and use return for the previous year.

2. Those businesses that have business income of other than retail sales shall present a copy of the business income tax return filed with the State Franchise Tax Board for the previous year.

B. At the time of renewal of any business license based on number of employees, each business shall present a copy of the federal withholding tax for the previous year.

C. Such documents shall be subject to verification by the director of finance, his deputies or authorized employees of the city who are authorized to examine records of any licensee or applicant for license as may be necessary in their judgment to verify or ascertain the amount of license fee due.

D. The information furnished or secured pursuant to this section shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor.

E. If any person fails to file such required documents at the time of renewal, the director of finance may determine the amount of license tax due from such person by means of an assessment as set forth in Section 5.04.340.

F. No license for any succeeding current or unexpired license term shall knowingly be issued to any person or entity who, at the time of making application for any license, is indebted to the city for any unpaid license fee, fine, or penalty.

G. Except in a reasonable exercise of discretion by the director of finance, no license shall be renewed if the licensee has been convicted of any violation of this code, any code adopted and incorporated by this code, the California Penal Code, the Health and Safety Code, the Business and Professions Code, or any other state law.

H. Nothing in this section shall require the director of finance to renew a business license.

(Ord. 87-10 § 12, 1987: Ord. 84-20 § 4, 1984.)

(Ord. 2017-008, § 2, 2017.)

A. Annual license fees for new businesses under the provisions of this chapter, shall be due and payable in advance. The license fee for a business commenced at any time during a calendar quarter will be computed to include the period beginning with the first day of that calendar quarter. Businesses beginning during the months of January, February and March will be due January 1 each year. Businesses opening in April, May or June will have April 1 as a renewal date. Those beginning in July, August and September will be due for renewal July 1. Businesses that started in October, November and December will be due October 1 each year.

B. Annual license fees for businesses renewing their business licenses, under the provisions of this chapter, shall be due and payable, in advance, on the first day of the month following the expiration date of the license.

(Ord. 87-10 § 13, 1987: prior code § 14-19.)

(Ord. 2017-008, § 2, 2017.)

A. The annual license fee for any business license that is based on gross receipts shall be calculated on the business' gross receipts arising out of transactions or business conducted within the city, provided that in no case shall it be less than the minimum fee.

B. The annual license fee for any new business license that is based on gross receipts shall be calculated on the business' estimate of the first year's gross receipts arising out of transactions or business conducted within the city, provided that in no case shall it be less than the minimum fee; however, the amount of the license fee so determined shall be tentative only, and the applicant shall, within thirty days after expiration of the period for which such license was issued, furnish the director of finance with a copy of such documents as required under Section 5.04.175 of this chapter, showing the gross receipts arising out of transactions or business conducted within the city during the period of such license, and the license fee amount for such period shall be finally ascertained after deducting from the payment found to be due, the amount paid at the time such first license was issued. The director of finance shall not issue to any such applicant another license for the same or any other business, until such person shall have furnished the required verification and paid the license fee as herein required.

C. Where a business conducts operations within the city and at other locations outside the city, gross receipts that are subject to fees under this chapter shall be collected only on the gross receipts attributable to business conducted within the city. When gross receipts cannot be plainly and reasonably apportioned by job, project, or facility situs, the following formula may be used to apportion gross receipts attributable to business within the city:

1. The total gross receipts of the business shall be multiplied by a fraction, the numerator of which is the property factor plus the payroll factor and the denominator of which is two.

2. The property factor is a faction, the numerator of which is the average value of the business' real and tangible personal property owned or rented and used in this city during the business' fiscal year and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the fiscal year.

3. Property owned by the business is valued at its original cost. Property rented by the business is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the business less any annual rental rate received by the business from sub-rentals.

4. The average value of property shall be determined by averaging the values at the beginning and ending of the fiscal year, but the city may require the averaging of monthly values during the fiscal year if reasonably required to reflect properly the average value of the business' property.

5. The payroll factor is a fraction, the numerator of which is the total amount paid in this city during the fiscal year by the taxpayer for compensation and the denominator of which is the total compensation paid by the business during the fiscal year.

6. Compensation is paid in this city if:

a. The individual's service is performed entirely within the city;

b. The individual's service is performed both within and without the city, but the service performed without the city is incidental to the individual's service within the city; or

c. Some of the service is performed in the city and:

1. The base of operations or if there is no base of operations the place from which the service is directed or controlled is in the city; or

2. The base of operations or the place from which the service is directed or controlled is not in any city in which some part of the service is performed, but the individual's residence is in this city.

(Ord. 87-10 § 14, 1987: prior code § 14-6.)

(Ord. 2017-008, § 2, 2017.)

A. The licenses in this chapter shall be due and payable and a penalty of ten percent shall be added to each license remaining unpaid thirty days after it becomes due. On the first day of each month thereafter that such fee remains unpaid, an additional penalty of ten percent of such unpaid fee shall be added; provided, that the maximum penalty amount shall not exceed an amount equal to the amount of the original license fee.

B. The city shall collect, in addition to the penalty due, any costs incurred by the necessity to file suit for collection in the courts.

C. In order to promote the licensing of all businesses within the city, the city council may, by resolution, establish amnesty periods during which persons or entities conducting business within the city may apply for a current business license, and be absolved from the obligation of paying business license fees which are delinquent in excess of one year and any penalties.

(Ord. 97-16 § 1, 1997; Ord. 87-10 § 15, 1987: prior code § 14-20.)

(Ord. 2017-008, § 2, 2017.)

A penalty in an amount equal to ten percent of the minimum annual license tax shall be levied for each game machine for which gross receipts information is not kept and submitted for verification.

(Ord. 87-10 § 16, 1987.)

(Ord. 2017-008, § 2, 2017.)

All licenses must be kept and posted in the following manner:

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting or carrying on such business.

C. A copy of the license shall further be presented, upon request, to any police officer or code enforcement officer.

D. The failure to post or present a business license to any officer or agent of the city upon request shall constitute a misdemeanor.

(Prior code § 14-29.)

(Ord. 2017-008, § 2, 2017.)

A. For real estate sales offices within the city, in addition to posting a business license, the following information shall be displayed in a conspicuous place upon the premises where such business is carried on, an eight and one-half inches by eleven inches sign with letters not smaller than one-fourth inch in height stating the following: "IMPORTANT NOTICE, for your protection, information relating to the existing zoning and future land uses for and around any property in which you might have an interest in or near the city of Chino can be obtained by contacting the city of Chino, Department of Community Development."

B. Real estate subdivision sales offices transacting and carrying on business within the city shall provide the following information:

The subdivision map shall be reduced and clearly printed on an eight and one-half inches by eleven inches sign sheet. The current general plan projections, zoning and land use, with special attention to potential nuisances, for all properties within one thousand three hundred twenty feet around the subdivision shall be clearly stated on that sheet. In addition, a notice shall be included on the sheet stating the following: "IMPORTANT NOTICE, for your protection, information relating to existing zoning and future land uses for or around property in which you might have an interest, in or near the city of Chino, can be obtained by contacting the city of Chino Department of Community Development."

C. The sales office shall obtain the signature of the buyer, at the time of placing a deposit on a property, on an appropriate document which clearly states that he has received the above-mentioned information. The document shall also identify the name and amount of assessment of any community facilities district to which the property is subject. The document shall also notify the prospective buyers, that occupancy for the home will not be given by the city until all conditions of approval for the entire tract or phase thereof have been fulfilled by the developer. The document shall be maintained on file with the Real Estate Commission Public Report by the sales office or developer and a copy given the city department of community development.

D. In addition, information graphically showing the subdivision and the current general plan projections, zoning and land use with special attention to potential nuisances, for all properties within one thousand three hundred twenty feet around the subdivision shall be incorporated into or attached to all sales brochures distributed or available within the city. If no sales brochures are used for the subdivision, copies of maps containing the above information shall be provided for any individual visiting the sales office.

(Ord. 88-15 § 1, 1988; Ord. 84-8 §§ 1-3, 1984; Ord. 76-6 § 1, 1976: Ord. 75-17 § 1, 1975.)

(Ord. 2017-008, § 2, 2017.)

A. The city council of the city of Chino finds that the disclosure of personal information required of applicants pursuant to this chapter would constitute an unwarranted invasion of personal privacy. With the exception of the circumstances cited in subsection D of this section, the public interest of accessing personal information about applicants is outweighed by the public interest of protecting applicants' right to personal privacy.

B. Except for the business name, business address, business telephone, and business owner's name, the personal information furnished or secured pursuant to any provisions of this chapter shall be confidential. Any unauthorized disclosure or use of such personal information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provided for the violation of this chapter, in addition to any other penalties provided by law.

C. For purposes of this chapter, "personal information" is a person's home address, home phone number, driver's license number, social security number, date of birth, income, sources of income, assets and liabilities, and gross income from the business for which the business license is issued.

D. The first sentence of subsection B of this section shall not apply when the request for information comes from a law enforcement agency that is making the request as part of an actual or potential investigation, the request is made in writing, and both the source of the request and the purpose can be verified by a responsible city of Chino staff member. In those cases, the information contained in city files may be released to the law enforcement agency.

(Ord. 2005-18 § 1, 2005: Ord. 96-04 § 1, 1996: prior code § 14-25.)

(Ord. 2017-008, § 2, 2017.)

Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license fee for the privilege of doing such business required under any other provisions of this code or other ordinances of the city and shall remain subject to the regulatory provisions of the other provisions of this code or other ordinances of the city.

(Prior code § 14-36.)

(Ord. 2017-008, § 2, 2017.)

The issuance of any license or the payment of a license fee under the provisions of this chapter, and its acceptance by the city, shall not entitle the licensee to conduct any business at any location in violation of any provision of this code or other ordinance of the city relative to zoning, nor to conduct any business for which a permit is required by any provisions of this code or other ordinance of the city or for which a license is required by any statute or law.

(Prior code § 14-23.)

(Ord. 2017-008, § 2, 2017.)

No license issued pursuant to this chapter shall be transferable; provided that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee, as set forth in the city's current Comprehensive Fee Schedule codified in Appendix I of this code, have the license amended to authorize the transacting and carrying on of such business under such license at some other location within the city to which the business is, or is to be, moved.

(Ord. 2001-05 §1 (part), 2001: Ord. 87-10 § 18, 1987: prior code § 14-27.)

(Ord. 2017-008, § 2, 2017.)

A duplicate license may be issued by the director of finance to replace any license previously issued under this chapter which has been lost or destroyed, upon filing by the licensee of a statement of such fact, and upon the payment to the director of finance by the licensee at the time of filing such statement of a duplicate license fee. The amount of the duplicate license fee shall be as set forth in the city's current Comprehensive Fee Schedule codified in Appendix I of this code.

(Ord. 2001-05 § 1 (part), 2001: Ord. 87-10 § 19, 1987: prior code § 14-28.)

(Ord. 2017-008, § 2, 2017.)

A. Any person aggrieved by any decision of the director of finance or another officer or agent of the city with respect to the issuance, denial, suspension, or failure to renew a license under the provisions of this chapter, may appeal the decision by filing a written notice of appeal with the city clerk within five days after such decision is made.

B. The written notice of appeal shall be filed with the city clerk along with payment of an appeal processing fee in an amount set forth in the city's current Comprehensive Fee Schedule codified in Appendix I of this code. The appeal processing fee, however, shall be excused upon a satisfactory showing of undue financial hardship.

C. The written notice of appeal shall contain the following information: (1) the name of the appealing party; (2) the address of the appealing party, (3) a brief statement in ordinary and concise language of the nature of the appeal together with any material facts claimed to support the contentions of the appellant; (4) a brief statement in ordinary and concise language of the relief sought; and (5) the signature of the appellant.

D. Upon receipt of a timely and proper appeal, the city clerk shall appoint a neutral and impartial hearing officer and shall schedule a hearing at a date, time, and location not earlier than ten days but no later than sixty days after receipt of such appeal.

E. The city clerk shall provide notice not later than ten calendar days before the scheduled hearing by first class mail to the appellant at the address listed on the request for a hearing.

F. The hearing officer shall issue a written decision within five calendar days of the hearing. The decision of the hearing officer shall be final.

G. The failure to timely and properly file a request for a hearing with the city clerk, or the failure to appear at a scheduled hearing, shall constitute waiver of the right to appeal and a failure to exhaust administrative remedies. If appeal is waived for any reason, including as provided under this subsection, the decision of the director of finance shall be final.

Any final decision under this chapter shall be subject to judicial review only by writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5.

(Ord. 2001-05 § 1 (part), 2001: Ord. 87-10 § 20, 1987: Ord. 64-20 § 7, 1984: prior code § 14-26.)

(Ord. 2017-008, § 2, 2017.)

The amount of any license fee and penalty imposed by the provisions of this chapter, together with any interest accrued, shall be deemed a debt to the city. The city may recover any amount owed hereunder, together with any attorneys' fees and costs incurred to obtain such recovery, by any means available at law.

(Prior code § 14-30.)

(Ord. 2017-008, § 2, 2017.)

All remedies prescribed under this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Prior code § 14-31.)

(Ord. 2017-008, § 2, 2017.)

Editor's note— Ord. 2020-002, § 3, adopted March 17, 2020, repealed § 5.04.330, which pertained to violation—penalty and derived from Prior code § 14-32; and Ord. 2017-008, § 2, 2017.

A. Assessment.

1. Whenever the director of finance determines that any tax is due or may be due to the city under the provisions of this chapter, the director of finance may make and give notice of an assessment of such tax.

2. The notice of assessment shall separately set forth the amount of any tax known by the director of finance to be due or estimated by the director of finance, after full consideration of all information within his or her knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this chapter and shall include the amount of any penalties accrued on each amount to the date of the notice of assessment.

B. Service of Assessment—Right to Hearing. The notice of assessment shall be served upon the person either by handing it to him or her personally, or by a deposit of the notice to the person at the address of the location of the business appearing on the face of the business license certificate issued to the business or to such other address as he or she shall register with the director of finance for the purpose of receiving notices provided under this chapter; should the person have no such certificate issued to him or her and should he or she have no address registered with the director of finance for such purpose, then to such person's last known address. For the purpose of this section, a service by mail is complete at the time of deposit in the United States mail. Within fifteen days after the date of service, the person addressed may either apply in writing to the director of finance for a hearing on the assessment or may file a written request that such hearing be waived. If the person neither requests a hearing upon the assessment nor requests a waiver of hearing within the prescribed time, the amount of the assessment shall be final, and the amount thereof shall immediately be due and owing to the city, but penalties and interest as provided by this chapter shall continue to accrue until paid.

C. Waiver of Hearing. If the person requests that the hearing be waived, the director of finance may either grant such request and notify the person thereof in writing or may, at the discretion of the director of finance, deny the request and set the assessment for hearing at the time and in the manner prescribed by subsection B of this section.

If the director of finance grants the request for waiver of hearing, the administrative proceedings prescribed by this section shall be deemed exhausted and the city shall have the right to bring an action in any court of competent jurisdiction to collect the amount of the assessment, plus such penalties and interest as may have been accrued thereon as provided by this chapter.

D. Time of Hearing—Notice. If the person requests a hearing upon the assessment or if the director of finance denies the request for waiver of hearing, the director of finance shall cause the matter to be set for hearing before a board of review not later than ninety days after the date of the application, or as the case may be, the date of the director of finance's denial of the request for waiver of hearing. Notice of the time and place of the hearing shall be mailed to the person assessed not later than fifteen days before the date set for hearing and, if the director of finance desires said person to produce specific records at such hearing, such notice may designate the records required to be produced.

E. Administrative Hearing. The hearing prescribed by this section shall be before a board of review. The board of review shall be composed of the city manager, city clerk, and the city attorney, or the duly appointed representative of each. At the hearing the persons assessed and the director of finance may submit such evidence as they believe to be relevant in their respective positions. The board of review may require the presentation of additional evidence from either the person assessed or from the director of finance, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence.

F. Decision of the Board of Review. Upon completion of the hearing, the board of review may (1) affirm the assessment, (2) increase the assessment, or (3) decrease the assessment, as the evidence may require, but the amount of the assessment shall not be increased unless the claim for the increase is asserted on behalf of the city either before or during the hearing. Written notice of the decision of the board of review shall be given to the person assessed in the same form and in the same manner as the notice of assessment.

G. Exception. Within fifteen days from the date of service of the notice of decision of the board of review, the person assessed may file written exceptions to the decision of the board of review, but shall not be required to do so. If the person does not do so, the person shall nevertheless be deemed to have exhausted the administrative proceedings provided by this section. Upon filing of written exceptions, the board of review may either deny the exceptions or modify its decision, as it deems appropriate. If the board of review modifies its decision, it shall cause a written notice of decision as required by subsection F of this section, to be given to the person assessed at the time, and in the manner provided therein. If the board of review does not modify its decision within thirty days from the service of said exceptions, the exceptions shall be deemed denied.

H. Effect of Delay in Administrative Proceedings. Failure of the director of finance to set any hearing within the time prescribed in this section and failure of the board of review to complete any procedure prescribed in this section within the period stated shall not affect the validity of any proceedings taken hereunder.

I. Effect of Payment of an Assessment. Acceptance of any payment upon an assessment, the validity of which has not previously been passed upon by the board of review, shall not preclude the director of finance from subsequently levying another assessment in any case where the original assessment does not truly reflect the correct tax liability.

(Ord. 87-10 § 21, 1987.)

(Ord. 2017-008, § 2, 2017.)

It is the intent and purpose of this chapter to license, either for revenue or regulation, or both, all businesses, occupations, trades, callings or professions carried on within the city, other than those herein specifically excepted, and if the application for license is made for any business not specifically referred to in this chapter or not included in any of the provisions hereof fixing license or permit fees, the director of finance shall cause the applicant to file an application for permit, and if the permit is granted, then the director of finance shall fix the amount to be paid by such applicant.

(Ord. 87-10 § 22, 1987.)

In addition to all other power conferred upon him, the director of finance shall have the power, for good cause shown, to extend the deadline for filing any documents required pursuant to the provisions of this chapter and to compromise any penalty or claim as to amount of license tax due.

(Ord. 87-10 § 23, 1987.)

A. No individual, firm, co-partnership, joint venture, association, corporation, estate or trust shall operate, conduct or manage any business falling within the categories enumerated in subsection B of this section without a special business permit as hereinafter provided.

B. The following businesses require a special business permit:

1. Circus, carnival, tent show or open-air show;

2. Swap meet, flea market, or sale of used merchandise (except used car lots);

3. Adult-oriented business as defined in Section 5.05.020(A) of this code;

4. Solicitor;

5. Curb address painting;

6. Advertising by distribution of samples or handbills;

7. Any business in which any product or commodity is sold at retail from a motor vehicle, truck or trailer, or any business in which any product or commodity is sold at retail from any place except a fixed place of business in the city on which general real property and ad valorem taxes are levied and collected;

8. Taxicabs and automobiles-for-hire as defined in Section 5.32.010 of this code;

9. Request for live entertainment at a business location as defined in Section 5.20.010 of this code;

10. Internet cafes;

11. Massage establishments as defined in Section 5.24.020 of this code;

12. Sidewalk vendors as defined in Section 5.28.010 of this code.

(Ord. 2007-02 § 1, 2007; Ord. 2003-21 § 1 (part), 2003; Ord. 87-15 § 6 (part), 1987: Ord. 87-10 § 24, 1987: Ord. 87-9 § 6 (part), 1987.)

(Ord. 2011-01, § 1, 2011; Ord. 2017-008, § 2, 2017; Ord. 2020-002, § 4, 2020.)

Applicants claiming to be entitled to exemption from the requirement of obtaining any special business permit provided for under this chapter shall file a verified statement with the city clerk disclosing the nature of the business and the basis upon which such an exemption is claimed. All such claims shall be referred to the city attorney for investigation and recommendation.

(Ord. 87-10 § 25, 1987.)

Unless different or additional application requirements are provided in another chapter of this code, applicants for a special business permit required by this chapter shall file a written, signed and acknowledged application with the director of finance, setting forth the following:

A. The name, home address, home telephone number, business address and business telephone number of the applicant;

B. The name, address, telephone number and social security number of the person or parties by or with whom the applicant is employed or associated, if any;

C. A plot plan of the place or area in which the business is to be conducted with written permission of the property owner if business is to be located at a site not owned by the applicant;

D. A complete description of the nature of such business;

E. A brief description of the nature and amount of equipment to be used;

F. The name(s), address, telephone number of the person(s) who, in addition to the applicant, will or may be responsible for the management or supervision of the business;

G. Whether or not the applicant or any of its employees or associates or any person who may be responsible for the management or supervision of the business has been convicted of a crime, the nature of such offense and the sentence received therefor;

H. Such other reasonable information as to the nature of the business or the identity or character of the applicant, its employees or associates or the person or persons who will be responsible for the management or supervision of the business, as the special permit committee may deem necessary;

I. A statement that the applicant has complied with all land use regulations and other applicable municipal ordinances and regulations thereunder;

J. Proof that the applicant has complied with all regulations and licensing requirements of the San Bernardino County Health Department, as well as any similar licensing agency or department of the state; and

K. A certificate of insurance showing coverage for liability and property damage in amounts satisfactory to the special permit committee.

(Ord. 2004-05 § 4, 2004: Ord. 87-10 § 26, 1987.)

(Ord. 2020-002, § 5, 2020.)

A fee in an amount set forth in the city's revenue and cost recovery system is required for and shall accompany all applications for special business permits required herein.

(Ord. 2001-05 § 1 (part), 2001: Ord. 87-10 § 27, 1987.)

Within thirty days of the receipt of the application and fee, the director of finance shall refer the matter to the special permit committee for action in accordance with regulations and procedures established for the special permit committee pursuant to Sections 5.04.430 through 5.04.450 of this chapter. Applicants for special business permits shall conform to all provisions of said sections of this chapter.

(Ord. 87-10 § 28, 1987.)

A. A special permit committee comprised of at least one member of the development services department, public works department, police department and administration department is established to investigate, review, and issue special business permits; and consider the revocation or extension of special business permits in accordance with the provisions of this chapter.

B. Upon receipt of an application and fee for a special permit, the director of finance or his designee shall refer the matter to the special permit committee to investigate and report all facts or evidence bearing upon:

1. The nature of the activity for which the permit is required;

2. The place where the activity is to be conducted;

3. Land use issues;

4. The character, reputation and moral fitness of the applicant, its employees or associates, and the persons who will be responsible for the management or supervision of the activity;

5. Whether the applicant has had a license or permit for a similar activity issued by the city or any other government entity and whether or not the license or permit was ever revoked or suspended and the reasons why; and

6. All convictions, except minor traffic violations, of the applicant, its employees or associates, and the persons who will be responsible for the management or supervision of the activity.

(Ord. 2003-21 § 1 (part), 2003; Ord. 87-15 § 6 (part), 1987: Ord. 87-10 § 29, 1987: Ord. 87-9 § 6 (part), 1987; Ord. 2022-016, § 1, 10-18-2022.)

Editor's note— Ord. 2022-016, § 2, adopted Oct. 18, 2022, repealed § 5.04.440, which pertained to review by special permit committee and derived from Ord. 2003-21 § 1 (part), 2003; Ord. 87-10 § 30, 1987.)

If there are no land use issues requiring review by the planning commission, within thirty days of the filing of the application with the director of finance, but after having received the investigative report and having conducted a review as provided for in Section 5.04.440, the special permit committee shall either:

A. Issue Special Business Permit. Issue the special permit if:

1. The special permit committee finds that the operation of the activity for which the permit is required comports with the peace, health, safety, convenience, good morals and general welfare of the public and is in accordance with ordinances and regulations of the city; and, to ensure that such activity will comport to the aforesaid standards, the special permit committee may impose such terms, conditions and restrictions upon the operation and conduct of such activity not in conflict with any paramount law, as it may deem necessary.

2. With regard to adult businesses or massage establishments, the city council finds that the goal of regulating non-expressive conduct and secondary effects of adult businesses are furthered by public awareness and input on permits for such businesses. Therefore, a permit to operate an adult business shall not be issued without the city council noticing and conducting a public hearing on the application for such a permit. The special permit committee shall recommend that the city council approve the permit if the committee finds that the operation of the activity for which the permit is required comports with the peace, health, safety, convenience, good morals, and general welfare of the public and is in accordance with ordinances and regulations of the city. To ensure that such activity will comport to the enforced standards, the special permit committee may impose such terms, conditions and restrictions upon the operation and conduct of such activity not in conflict with any paramount law, as it may be deemed as necessary; or

B. Deny Special Business Permit. Deny the special permit if:

1. In cases other than adult-oriented businesses, the special permit committee finds that the operation of the activity for which the permit is required will not comport with the peace, health, safety, convenience, good morals and general welfare of the public; or

2. In cases involving massage establishments, as defined in Section 5.05.020A5, the special permit committee finds that the operation of the activity for which the permit is required will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public; or

3. In cases involving adult-oriented businesses, as defined by Section 5.05.020A, except massage establishments, the special permit committee finds that the secondary effects of the activity, and not the activity itself, will not comport with the peace, health, safety, convenience, and general welfare of the public; or

4. In all cases, that the activity or premises do not comply with the ordinances or regulations of the city; or

5. The applicant, his employees or associates of the person or persons who would be responsible for the management or supervision of the activity is unfit to be trusted with the privileges granted by such special permit; has been convicted of a crime of moral turpitude; or has a bad reputation for truth, honesty or integrity.

C. Postpone the approval or denial of the special business permit until the planning commission has evaluated the land use issues at a regular meeting.

(Ord. 2003-21 § 1 (part), 2003; Ord. 87-15 § 6 (part), 1987; Ord. 87-10 § 31, 1987: Ord. 87-9 § 6 (part), 1987.)

Upon the decision by the special permit committee, or city council on appeal, that a special business permit should be granted to the applicant pursuant to this chapter, the city manager or designee, after the applicant has complied with applicable general licensing requirements, shall issue to such applicant a special business permit which shall contain:

A. The name of the person(s) to whom the permit is issued;

B. The nature of the activity for which the permit has been issued;

C. The place(s) where such activity is to be conducted or the area in which such activity may be operated;

D. The date of the expiration of such permit;

E. A complete statement of the terms and conditions of restrictions imposed by the special permit committee or city council on appeal upon the operation and conduct of such activity as it deems necessary to ensure the peace, health, safety, convenience, good morals and general welfare of the public in compliance with the ordinances and regulations of the city.

(Ord. 87-10 § 32, 1987; Ord. 2022-016, § 3, 10-18-2022.)

Special business permits issued pursuant to this chapter shall be valid for the specific period of time set by the special permit committee or the city council on appeal.

(Ord. 87-10 § 33, 1987.)

The special business permit or copies thereof verified by the director of finance shall be posted in a conspicuous place on the site(s) in the city where the activity for which such permit was issued is conducted or managed or in any motor vehicle from or in which such business is conducted or managed or shall carry the permit or a copy thereof verified by the director of finance on their person(s) and shall display such permit whenever requested by a representative of the city or the public.

(Ord. 87-10 § 34, 1987.)

No special permit under the provisions of this chapter shall be transferable except with the consent of the special permit committee or city council on appeal, which may require the desired transferee to file an original application in accordance with this chapter.

(Ord. 87-10 § 35, 1987.)

Any permit issued under this chapter, which has not been previously revoked, may be renewed by filing a request for renewal accompanied by the fee, as set forth in the city's revenue and cost recovery system, for the type of activity for which the permit is required, with the director of finance at least fifteen days prior to the date of expiration. The special permit committee shall act upon such request and make its determination within fifteen days.

A. Reissuance by City Manager. If in the judgment of the special permit committee, the continued operation of the activity under the terms and conditions of the existing permit will comport with the peace, health, safety, convenience, good morals and general welfare of the public and all land use regulations and other applicable municipal ordinances and regulations thereunder have been complied with, the city manager shall reissue the permit for an additional period as specified in the original special permit.

B. Denial by City Manager. If the request for renewal is filed later than fifteen days prior to the date of expiration or if the special permit committee determines that the continued operation of activity under the terms and conditions of the existing special permit will not comport with the peace, health, safety, convenience, good morals and general welfare of the public or will not comply with the ordinances or regulations of the city, the city manager shall deny the extension subject to the right of the applicant to appeal to the city council.

(Ord. 2001-05 § 1 (part), 2001; Ord. 87-10 § 36, 1987.)

The special permit committee may at any time revoke or temporarily suspend special business permits where the holder thereof or any person responsible for the management or supervision of the activity in question violates or permits any infraction of any law of the state or of any ordinance or regulation of the city, including any condition or restriction imposed upon issuance of a special business permit; or where the permittee's application for a liquor license is rejected by the department of alcoholic beverage control; or where the permittee obtained the permit by misrepresentation; or where the special permit committee becomes satisfied for any reason that the conduct of the activity under the existing conditions or restrictions imposed under the terms of a permit does not or will not comport with the peace, health, safety, convenience, good morals and general welfare of the public or comply with the ordinances or regulations of the city; provided, that special business permits shall not be revoked under the provisions of this chapter unless a hearing, adequate notice of which is described hereinafter, be given the permittee; provided further, that any special business permit may be temporarily suspended by the special permit committee prior to notice of hearing. Adequate notice of a hearing at which the revocation of such permit is to be considered shall be deemed to be given if a certified letter, addressed to the permittee at the address given in the application, is deposited in the mail by the director of finance or designee at least ten days before the hearing. At such hearing, the permittee shall be given the opportunity to submit written statements, appear in person, and present witnesses.

(Ord. 2003-21 § 1 (part), 2003; Ord. 87-10 § 37, 1987.)

The decision of the city manager or special permit committee may be appealed in accordance with Section 5.04.300 of this code.

(Ord. 2001-05 § 1 (part), 2001: Ord. 87-10 § 36, 1987.)

(Ord. 2017-008, § 2, 2017.)

A. Notwithstanding the enforcement provisions contained in Section 5.04.150 of this code, in cases where a business requiring a special business permit is involved, the city, every department of the city, and every agency acting on behalf of the city, may conduct reasonable, unscheduled inspections of massage establishments during regular business hours, or during any hours of operation, to ensure compliance with this chapter, this code, any other codes adopted by this code, and any other applicable state or local laws.

B. No person shall interfere with or prevent the city or its representatives from lawful inspections conducted pursuant to this chapter. Any violation of this section shall be a misdemeanor.

(Ord. 87-15 § 7, 1987: Ord. 87-9 § 7, 1987.)

(Ord. 2017-008, § 2, 2017.)

Any person or business wishing to participate as a vendor, or otherwise have a booth or stand, or to perform, solicit, or sell any products or services, at a special event, as defined in Section 10.64.020 of this code, shall first obtain a special event vendor permit from the city, even if the person or business already has a city of Chino business license.

A. Applicants for a special event vendor permit shall submit an application at least thirty days prior to the first day of the special event on a form created by the city, which shall include the following:

1. The name, address, and telephone number of the person or business applying for the permit;

2. The name, date, and location of the special event;

3. A detailed description of the activities that the applicant will be conducting at the special event;

4. Whether the applicant has a valid city of Chino business license;

5. Proof that the applicant has all required permits and licenses to conduct the described activities at the special event, including, but not limited to, state licenses, county health permits, and liquor licenses; and

6. Any other information required by the director of finance to ensure that the vendor's activities will not create a threat to the health, safety, or welfare of the public.

B. Applicants that have a valid business license will not be required to pay a fee for the special event vendor permit. Applicants that do not have a valid business license will be required to pay a special event vendor permit fee as established by the city council.

C. Special event vendor permits shall be issued if the director of finance or designee finds that the applicant is listed as an authorized vendor for the special event and that the vendor's participation in the event will not create a threat to the health, safety, or welfare of the public. The director of finance or designee may impose conditions on the issuance of the permit as necessary in order to make these findings. The fact that the applicant, or a different entity managed by the same individuals, previously had a special event vendor permit revoked by the city may be grounds for the denial of a new special event vendor permit. The decision of the director of finance or designee may be appealed in accordance with Section 5.04.300.

D. Special event vendor permits are valid for the entire duration of the special event, as stated in the special event permit.

E. Special event vendor permits shall be prominently displayed on booths or stands used by the vendor at the special event and shall be shown to city code enforcement officers upon request.

F. Special event vendor permits may be revoked by the director of finance or designee upon a finding that the vendor is conducting activities not listed in the application, the vendor is not complying with conditions of approval listed in the permit, the vendor made material misrepresentations in the permit application, or the vendor is otherwise engaging in activities that create a threat to the health, safety, and welfare of the public. Revocations shall be effective immediately; however, the notice of revocation shall state the reasons for the revocation and provide the vendor with an opportunity to request a hearing before the director of finance or designee within five business days of the notice to dispute the revocation, and the city shall endeavor to conduct the hearing prior to date of the special event, if possible. The decision of the director of finance or designee following the hearing may be appealed in accordance with Section 5.04.300.

G. A separate special event vendor permit is required for each separate special event. Special event vendor permits are not transferrable.

(Ord. 2022-016, § 4, 10-18-2022.)